- 中国民事刑事法律法规中英数据库 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国民事刑事法律法规中英数据库
- 债权人发现被执行人有其他财产的，可以随时请求人民法院执行。 ""If the creditor finds that the person subjected to execution has any other property, he may at any time apply to the people's court for execution.""
- 债务人在前款规定的期间不提出异议又不履行支付令的，债权人可以向人民法院申请执行。 ""If the debtor has neither dissented from nor complied with the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for execution.""
- 推选不出代表人的，人民法院可以与参加登记的权利人商定代表人。 ""if the election fails its purpose, such representatives may be determined by the people's court through consultation with those who have registered their rights with the court.""
- 受委托人民法院自收到委托函件之日起十五日内不执行的，委托人民法院可以请求受委托人民法院的上级人民法院指令受委托人民法院执行。 ""If the entrusted people's court does not carry out the execution within 15 days after receiving the letter of entrustment, the entrusting people's court may request the people's court at a higher level over the entrusted people's court to instruct the entrusted people's court to carry out the execution.""
- 鉴定人鉴定的，应当由鉴定人所在单位加盖印章，证明鉴定人身份。 ""If the evaluation is made by an expert alone, the unit to which the expert belongs shall certify his status by affixing its seal to the expert's conclusion.""
- 仲裁裁决被人民法院裁定不予执行的，当事人可以根据双方达成的书面仲裁协议重新申请仲裁，也可以向人民法院起诉。 ""If the execution of an arbitral award is disallowed by a written order of the people's court, the parties may, in accordance with a written agreement on arbitration reached between them, apply for arbitration again; they may also bring an action in a people's court.""
- 期间届满的最后一日是节假日的，以节假日后的第一日为期间届满的日期。 ""If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date.""
- 法律文书规定分期履行的，从规定的每次履行期间的最后一日起计算。 ""If the legal document specifies performance in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance.""
- 发生法律效力的判决、裁定是由第二审法院作出的，按照第二审程序审理，所作的判决、裁定，是发生法律效力的判决、裁定； ""if the legally effective judgment or written order was made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective; ""
- 抵押物或者其他担保物的价款超过其所担保的债务数额的，超过部分属于破产还债的财产。 ""If the money value of the property mortgaged or used as security for other kinds of obligations exceeds the amount of loans secured, the surplus shall go to the bankrupt property for debt repayment.""
- 近亲属互相推诿的，由人民法院指定其中一人为代理人。 ""If the near relatives of the citizen shift responsibility onto one another, the people's court shall appoint one of them as agent for the citizen. ""
- 异议成立的，裁定将案件移送有管辖权的人民法院；异议不成立的，裁定驳回。 ""If the objection is established, the people's court shall order the case to be transferred to the people's court that has jurisdiction over it; if not, the people's court shall reject it.""
- 裁定采取财产保全措施的，应当立即开始执行。 ""if the order for the adoption of property preservation measures is made, the execution thereof shall begin immediately.""
- 当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的，可以向人民法院起诉。 ""If the parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement, they may bring an action in a people's court.""
- 被申请人提出证据证明仲裁裁决有下列情形之一的，经人民法院组成合议庭审查核实，裁定不予执行： ""If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a written order not to allow the enforcement:""
- 被执行人是法人或者其他组织的，应当通知其法定代表人或者主要负责人到场。 ""if the party subjected to execution is a legal person or any other organization, it shall notify its legal representatives or its principal heads to be present. ""
- 被执行人是法人或者其他组织的，应当通知其法定代表人或者主要负责人到场。 ""if the party subjected to execution is a legal person or any other organization, its legal representatives or principal heads shall be notified to be present; ""
- 人民法院认定执行该裁决违背社会公共利益的，裁定不予执行。 ""If the people's court determines that the enforcement of the award goes against the social and public interest of the country, the people's court shall make a written order not to allow the enforcement of the arbitral award.""
- 人民法院认定执行该裁决违背社会公共利益的，裁定不予执行。 ""If the people's court determines that the execution of the arbitral award is against the social and public interest, it shall make an order not to allow the execution.""
- 公证债权文书确有错误的，人民法院裁定不予执行，并将裁定书送达双方当事人和公证机关。 ""If the people's court finds definite error in the document of creditor's rights, it shall make an order not to allow the execution and serve the order on both parties concerned as well as the notary office.""
- 被执行人逾期不履行的，人民法院可以按照规定交有关单位拍卖或者变卖被查封、扣押的财产。 ""If the person has not fulfilled his obligations upon expiration of the period, the people's court may, in accordance with the relevant legal provisions, entrust the relevant units with selling by public auction or selling off the sealed-up or distrained property. ""
- 受送达人是被劳动教养的，通过其所在劳动教养单位转交。 ""If the person on whom the litigation documents are to be served is undergoing rehabilitation through labour, the documents shall be forwarded to him through the unit of his rehabilitation through labour.""
- 被执行人是公民的，也可以交他的成年家属一份。 ""If the person subjected to execution is a citizen, another copy may be given to an adult member of his family.""
- 被执行人是公民的，其工作单位或者财产所在地的基层组织应当派人参加。 ""If the person subjected to execution is a citizen, his unit or the grass-roots organization of the place where his property is located shall send a representative to attend the execution.""
- 被执行人逾期仍不履行的，人民法院有权执行被执行人的担保财产或者担保人的财产。 ""If the person subjected to execution still fails to perform his obligations after the time limit, the people's court shall have the power to execute the property he provided as security or the property of the guarantor.""
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